Forging Public Records Defense In Virginia

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Forging Public Records Virginia Laws 18.2-168

VIRGINIA LAWYERS – FORGING PUBLIC RECORDS, ETC

Va. Code Ann. § 18.2-168

§ 18.2-168. Forging public records, etc.

If any person forge a public record, or certificate, return, or attestation, of any public officer or public employee, in relation to any matter wherein such certificate, return, or attestation may be received as legal proof, or utter, or attempt to employ as true, such forged record, certificate, return, or attestation, knowing the same to be forged, he shall be guilty of a Class 4 felony.

VIRGINIA LAWYERS – FORGING PUBLIC RECORDS, ETC TABLE

Virginia Statute

Description

Penalties

Va. Code Ann. § 18.2-168Forging public records, etc.

If any person forge a public record, or certificate, return, or attestation, of any public officer or public employee,

in relation to any matter wherein such certificate, return, or attestation may be received as legal proof, or utter,

or attempt to employ as true, such forged record, certificate, return, or attestation, knowing the same to be forged

Forging/Uttering Defense In Virginia

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Forging Uttering Virginia Laws 18.2-172

VIRGINIA LAWYERS – ORGING, UTTERING, ETC., OTHER WRITINGS

Va. Code Ann. § 18.2-172

§ 18.2-172. Forging, uttering, etc., other writings.

If any person forge any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another’s right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony. Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment.

FORGING, UTTERING, ETC., OTHER WRITINGS

Va. Statute

Description

Penalties

Va. Code Ann. § 18.2-172Forging, uttering, etc., other writings.

If any person forge any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another’s right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged

Shall be guilty of a Class 5 felony

Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person,

Shall be deemed guilty of the forgery thereof, and shall be subject to like punishment.

Obtaining Money By False Pretense Defense In Virginia

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Obtaining Money False Pretense Virginia Laws 18.2-178

VIRGINIA LAWYERS – OBTAINING MONEY BY FALSE PRETENSE

Va. Code Ann. § 18.2-178

§ 18.2-178. Obtaining money or signature, etc., by false pretense.

A. If any person obtain, by any false pretense or token, from any person, with intent to defraud, money, a gift certificate or other property that may be the subject of larceny, he shall be deemed guilty of larceny thereof; or if he obtain, by any false pretense or token, with such intent, the signature of any person to a writing, the false making whereof would be forgery, he shall be guilty of a Class 4 felony.

B. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with the offense resided at the time of the offense.

If any person obtain, by any false pretense or token, from any person, with intent to defraud, money, a gift certificate or other property that may be the subject of larceny or if he obtain, by any false pretense or token, with such intent, the signature of any person to a writing

Shall be guilty of a Class 4 felony

Va. Code Ann.§ 18.2-178.

Venue

The county or city in which

Any act was performed in furtherance of the offense, or

The person charged with the offense resided at the time of the offense.

Va. Code Ann. § 18.2-181

Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.

The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

VIRGINIA- ISSUING BAD CHECKS ETC PENALTIES

Virginia Statute

Description

Penalties

Va. Code Ann. § 18.2-181Issuing bad checks, etc., larceny.

Any person who, with intent to defraud,

shall make or draw or utter or deliver any check, draft, or

order for the payment of money, upon any bank, banking institution, trust company, or other depository,

knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny

If this check, draft, or order has a represented value of $200 or more,

Shall be guilty of a Class 6 felony

In cases in which such value is less than $200

Shall be guilty of a Class 1 misdemeanor.

The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

Computer Fraud Defense In Virginia

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Computer Fraud Virginia Laws 18.2-152.3

VIRGINIA- COMPUTER FRAUD

Va. Code Ann § 18.2-152.3

§ 18.2-152.3. Computer fraud; penalty.

Any person who uses a computer or computer network, without authority and:

Obtains property or services by false pretenses;

Embezzles or commits larceny; or

Converts the property of another;

is guilty of the crime of computer fraud.

If the value of the property or services obtained is $200 or more, the crime of computer fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.

VIRGINIA LAWYERS - COMPUTER FRAUD PENALTIES

Virginia Statute

Description

Va. Code Ann § 18.2-152.3§ 18.2-152.3. Computer fraud; penalty

Any person who uses a computer or computer network, without authority and:

Issuing Bad Checks Defense In Virginia

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Bad Checks Virginia Laws 18.2-181.1

VIRGINIA LAWYERS – ISSUANCE OF BAD CHECKS

Va. Code Ann. § 18.2-181.1

§ 18.2-181.1. Issuance of bad checks.

It shall be a Class 6 felony for any person, within a period of ninety days, to issue two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which (i) are drawn upon the same account of any bank, banking institution, trust company or other depository and (ii) are made payable to the same person, firm or corporation.

VIRGINIA LAWYERS – ISSUANCE OF BAD CHECK

Virginia Statute

Description

Penalties

Va. Code Ann. § 18.2-181.1Issuance of bad check

Issuing within a period of ninety days, two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which

(i) are drawn upon the same account of any bank, banking institution, trust company or other depository and

Va. Code Ann. § 18.2-182

§ 18.2-182. Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty.

Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company or other depository on behalf of any business firm or corporation, for the purpose of paying wages to any employee of such firm or corporation, or for the purpose of paying for any labor performed by any person for such firm or corporation, knowing, at the time of such making, drawing, uttering or delivering, that the account upon which such check, draft or order is drawn has not sufficient funds, or credit with, such bank, banking institution, trust company or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor; except that if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony.

The word “credit,” as used herein, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order.

In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil action brought upon such check, draft or order.

Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty.

Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company or other depository on behalf of any business firm or corporation, knowing to be without sufficient funds for the purpose of paying wages to any employee of such firm or corporation, or for the purpose of paying for any labor performed by any person for such firm or corporation, although no express representation is made in reference thereto

Shall be guilty of a Class 1 misdemeanor

If this check, draft, or order has a represented value of $200 or more

Shall be guilty of a Class 6 felony.

The word “credit,” as used herein, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order.

In addition such person shall be personally liable in any civil action brought upon such check, draft or order.

Va. Code Ann. § 18.2-183

In any prosecution or action under the preceding sections, the making or drawing or uttering or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees (if any), within five days after receiving written notice that such check, draft, or order has not been paid to the holder thereof. Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the maker or drawer.

If such check, draft or order shows on its face a printed or written address, home, office, or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.

When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case.

In any prosecution or action under the preceding sections, the making or drawing or uttering or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees (if any), within five days after receiving written notice that such check, draft, or order has not been paid to the holder thereof maker or drawer.

Notice by Mail

Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the

Sufficient Notice

If such check, draft or order shows on its face a printed or written address, home, office, or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.

Intent To Defraud Presumed

When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case.

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Va. Code Ann. § 18.2-186.3

A. It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to:

1. Obtain, record or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;

2. Obtain money, credit, loans, goods or services through the use of identifying information of such other person;

3. Obtain identification documents in such other person’s name; or

4. Obtain, record or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.

B. It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to:

1. Fraudulently obtain, record or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;

2. Obtain money, credit, loans, goods or services through the use of identifying information of such other person;

3. Obtain identification documents in such other person’s name; or

4. Obtain, record or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth.

B1. It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution or to impede a criminal investigation.

D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of greater than $200 shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 6 felony. Any violation of subsection B where 50 or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 6 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.

E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person’s or his estate’s actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.

F. Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.

VIRGINIA LAWYERS – IDENTITY THEFT

Virginia Statute

Description

Va. Code Ann. § 18.2-186.3

Identity theft; penalty;

It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information,

with the intent to defraud, for his own use or the use of a third person, or

with the intent to sell or distribute the information to another

whether that person is dead or alive, or of a false or fictitious person

Obtain, record or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;

Obtain money, credit, loans, goods or services through the use of identifying information of such other person;

Obtain identification documents in such other person’s name; or

Obtain, record or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.

To avoid summons, arrest, prosecution or to impede a criminal investigation.

Any violation of subsection B where five or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence

Class 6 felony

Any violation of subsection B where 50 or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence

Class 5 felony

Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation

Class 6 felony

In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.

Va. Code Ann. § 18.2-186.3Restitution

Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person.

Such restitution may include the person’s or his estate’s actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.

Va. Code Ann. § 18.2-186.3 victim assistance.

Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.

Credit Card Theft Defense In Virginia

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Credit Card Theft Virginia Laws 18.2-192

VIRGINIA LAWYERS – CREDIT CARD THEFT

Va. Code Ann. § 18.2-192

§ 18.2-192. Credit card theft.

(1) A person is guilty of credit card or credit card number theft when:

(a) He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the issuer or the cardholder; or

(b) He receives a credit card or credit card number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use, to sell or to transfer the credit card or credit card number to a person other than the issuer or the cardholder; or

(c) He, not being the issuer, sells a credit card or credit card number or buys a credit card or credit card number from a person other than the issuer; or

(d) He, not being the issuer, during any twelve-month period, receives credit cards or credit card numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of § 18.2-194 and subdivision (1) (c) of this section.

(2) Credit card or credit card number theft is grand larceny and is punishable as provided in § 18.2-95.

VIRGINIA LAWYERS – CREDIT CARD THEFT

Va. Statute

Description

Va. Code Ann. § 18.2-192Credit card theft.

A person is guilty of credit card or credit card number theft when:

He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the issuer or the cardholder; or

He receives a credit card or credit card number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use, to sell or to transfer the credit card or credit card number to a person other than the issuer or the cardholder; or

He, not being the issuer, sells a credit card or credit card number or buys a credit card or credit card number from a person other than the issuer; or

He, not being the issuer, during any twelve-month period, receives credit cards or credit card numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of § 18.2-194 and subdivision (1) (c) of this section.

Penalties

Credit card or credit card number theft is grand larceny and is punishable as provided in § 18.2-95.